GOBIND LAL AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner and the State. This application has been filed by the petitioner for quashing the order dated 26.4.2003 passed by the Collector, Katihar in Permission Misc. Case No. 306 of 2002 -03.

(2.) By the impugned order the Collector has accorded permission to the petitioner for execution of sale deed with respect to the land of Ward No. 20, Village Saifganj Municipal Survey Khata Nos. 205 and 203 Municipal Plot. Nos. 50, 52 -Ka, 52 -Kha, 52 -Ga and 49 measuring 22.65 decimals land but simultaneously has directed the Circle Officer to cancel the Zamabandi running in the name of the petitioner with respect to the land on the basis of an order passed in Rent Fixation Case No. 370 of 1990 -91.

(3.) PETITIONER 'scase is that they are raiyats of the land. Originally the land belonging to one Birbal Sah and Kulanand Das and they executed four sale deeds dated 26.12.1951, 26.6.1952 and 9.9.1958 in favour of Brij Mohan Agarwal and Kishunlal Agrawal. The purchasers came in possession of the land transferred in their favour, got their names recorded in the serista of Bihar Sarkar. In the Municipality of Katihar they also paid rent of the land. The constructed building and godown over the land as well as the factory for manufacturing G.I. Pipes in the name of Katihar Engineering Works. The municipal survey operation was conducted in Katihar in the year 1984 in which original plot no. 184 Khata No. 22 was renumbered vide Municipal Survey Plot No. 50, 52 - Ka, 52 -Kha, 52 -Ga and Khata No. 205 and M.S. Plot No. 203. These plots were wrongly recorded in the name of Anabad Bihar Sarkar but in the remark column the name of pruchasers were mentioned, who were uncle and father of present petitioners. After the death of their father, the petitioner came in possession of the land. Further it has been stated by the petitioners that in the year 1991 general notice was published asking the raiyats in possession of the land for filing their papers before the Anchal Adhikari and in pursuance of that notice petitioners also filed their papers before the Anchal Adhikari. Petitioner also filed application for fixation of rent which was numbered as Rent Fixation Case No. 370 of 1990 -91 and the rent was fixed with respect to the land in their favour. They continued to pay rent to the Municipality as well as the State of Bihar. Subsequently petitioners wanted to sale the land because of some financial necessity and filed an application before the Collector for permission of transferring the land as a general letter has been issued by the Collector to Sub -Registrar not to register any sale deed without permission of the Collector. The Collector on such application filed by the petitioner for permission to sale the land has passed the impugned order dated 26.4.2003 in Permission Case No. 306 of 2002 -03. It has been submitted by the counsel for the petitioner that so far the cancellation of Zamabandi is concerned, the Collector has got no jurisdiction. It has also been submitted that the impugned order has created anomalous situation as the Collector has given permission to the petitioner for transferring the land accepting the petitioner 'stitle but only on account of wrong survey entry, has directed for cancellation of Zamabandi. In the counter affidavit filed on behalf of respondent nos. 2 and 3 it has been stated that the Collector has got jurisdiction on the basis of the Government circular circulated vide letter no. 914/R dated 9.12.1998 issued under the signature of Commissioner and Secretary to Government of Bihar, Department of Revenue and Land Reforms. Vide its letter the Collector has been authorized for cancellation of Zamabandi irregularly created for Gairmajarua Aam and Khas land.